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Family Law Litigation: Seven Disputes and Court Standards

Family law litigation in New York involves custody, property, support, and enforcement disputes decided under different legal standards.Custody decisions focus on the child's best interests, while property division follows equitable distribution rules. Support disputes involve income, financial obligations, and modification requirements. This guide examines seven common disputes, the evidence courts consider, and the standards governing their resolution.

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Family Law Litigation: Seven Disputes and Court Standards

Annual Asylum Fee: Who Must Pay and When

The annual asylum fee generally applies once an asylum application has been pending for a year; payment deadlines depend on the agency. This recurring charge is separate from the initial filing fee. USCIS and immigration court cases use different notices, payment systems, and instructions. Court rulings have affected enforcement, but a lawsuit does not automatically cancel a payment deadline.

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Annual Asylum Fee: Who Must Pay and When

Global Supply Chain Subcontractor Osha Liability Advisory Attorney

The reporting duty follows the employment relationship. Under 29 CFR 1904.39 the employer of the injured employee must report a fatality within eight hours and an inpatient hospitalization, amputation or loss of an eye within twenty-four. A general contractor controlling the site has no reporting duty for a subcontractor’s employee. The recording duty is narrower still. The injury is entered on the OSHA 300 log of the employer whose employees it supervises on a day-to-day basis, which for a leased or temporary worker is usually the host employer rather than the staffing agency. Citation exposure follows a third test. Under the multi-employer citation policy a controlling, creating, correcting or exposing employer may each be cited for the same condition, so a general contractor with authority over the site can be cited for a subcontractor’s violation even though it had no reporting or recording duty for the injury itself.

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Global Supply Chain Subcontractor OSHA Liability Advisory Attorney

Navigating Bilateral Investment Treaty Dispute Isds Attorney Claims

ISDS is not a general remedy. It exists only where a treaty — a bilateral investment treaty or the investment chapter of a trade agreement — covers both the host state and the investor's nationality and contains the state's consent to arbitration. Without one, there is no claim, and the pool of applicable treaties has been shrinking (intra-EU BITs after Achmea, intra-EU Energy Charter arbitration after Komstroy). Three questions precede the merits: whether the claimant qualifies as a protected investor, since a third-country holding structure may fall outside the treaty; whether the procedural conditions were met, usually a notice of dispute and a three-to-six-month consultation period; and whether the claim is within the limitation period, commonly three years from knowledge of the breach. An award is not recovery. ICSID awards enforce under Article 54, others under the New York Convention, but sovereign immunity from execution survives — in the US, only property within a Foreign Sovereign Immunities Act exception is reachable.

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Navigating Bilateral Investment Treaty Dispute ISDS Attorney Claims

Juvenile Protection Case Referral

In New York, a Juvenile Protection Case Referral refers to the formal process of transferring a juvenile matter to the Family Court, where the case is assessed for potential protective or rehabilitative intervention. This formal process is key to the state's juvenile justice system, focusing on the minor's welfare and necessary rehabilitation. This article details the full procedure of a Juvenile Protection Case Referral in New York, the available disposition types, and whether such referrals result in a criminal record.

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Juvenile Protection Case Referral

Employee Benefits Attorney Explains 401(K) Fiduciary Reviews

An employee benefits attorney can assess whether 401(k) fiduciaries use a prudent process to select investments and monitor plan fees under ERISA. For HR leaders, the first step is identifying who actually exercises fiduciary authority over plan decisions. Investment comparisons, service provider disclosures, and committee minutes can show how those decisions were evaluated. Records support ongoing oversight, but documentation alone does not establish ERISA compliance.

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Employee Benefits Attorney Explains 401(k) Fiduciary Reviews
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